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(영문) 서울북부지방법원 2020.05.06 2018가단22876

청구이의

Text

1. The Defendant’s notary public against the Plaintiffs has the executory power of No. 858 of the document 2017, E-joint law office.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The facts of recognition 1) The Plaintiffs are the husband and wife simplified, and F are the father of Plaintiff B. The F borrowed KRW 10,000,000 from the Defendant on December 11, 2017 from the Defendant, at the Defendant’s request, prepared a written contract in which Plaintiff B and the Plaintiff A were recorded as joint and several sureties, and affixed their seals as seals. 2) The F prepared the proxy form in the name of the Plaintiffs necessary for preparing the notarial deed on the same day and affixed their seal seals as seals, and then issued B’s certificate of personal seal impression issued on October 17, 2017 and the Plaintiff’s certificate of personal seal impression issued on November 10, 2017 to G who is the Defendant’s employee.

3) On December 15, 2017, the above G presented the delegations and certificates of personal seal at the Ejoint Law Office by a notary public, and entrusted the preparation of notarial deeds in the status of the plaintiffs and the defendant's agents. Accordingly, the notarial deeds as stated in paragraph (1) of this Article (hereinafter "notarial deeds of this case").

(iii) has been drawn up. [The facts that there is no dispute over the basis of recognition, Gap evidence 2, Eul evidence 3 to 5, the purport of the whole pleadings.]

B. Around December 2017, when the plaintiffs were living together with the plaintiffs, F had a certificate of the plaintiffs' personal seal impression and a certificate of their personal seal impression in custody, etc., and made a contract and a power of attorney using it and delivered it to G as the defendant's employee (the purport of Gap evidence, Eul evidence 2, and the whole purport of pleading). Therefore, the notarial deed in this case is null and void as it was made at the commission of a non-authorized person, and execution based thereon is not permitted. 2) The defendant asserts the following multiple claims.

Plaintiff

B and F jointly operated the restaurant "H", and the above loan was transferred to the passbook in the name of the Plaintiff B by the Defendant.

F shall prepare a written contract with the power of representation granted for the borrowing of business funds and the bearing of joint and several liability obligations, etc. from the plaintiffs.